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#1977788 - 11/20/14 05:05 PM Nonbank Financial Institution Definition
SeekingKnowledge Offline
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SeekingKnowledge
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Can anyone point me to the location of a definition for NBFIs in a regulation or statute? I know the BSA Exam Manual contains the following...

NBFIs are broadly defined as institutions other than banks that offer financial services. The USA PATRIOT Act has defined a variety of entities as financial institutions. Common examples of NBFIs include, but are not limited to:

It then goes on to list a few examples. However, I'm hesitant to stick with a "broadly defined" concept of NBFI. I may not have an option, but I've been trying to find a statutory definition for the term and have come up empty. Thanks in advance!

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#1977798 - 11/20/14 05:19 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
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#1977846 - 11/20/14 06:18 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
MagicCity Offline

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Fort Lauderdale, Florida
NOT from a reg or statute:

A non-bank financial institution (NBFI) is a financial institution that does not have a full banking license or is not supervised by a national or international banking regulatory agency. NBFIs facilitate bank-related financial services, such as investment, risk pooling, contractual savings, and market brokering.

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#1977960 - 11/20/14 09:24 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
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I thank you both!

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#1978040 - 11/21/14 01:44 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
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You want reg? You get reg.

31 USC 5312(a)(2)

Quote:


§5312. Definitions and application
(a) In this subchapter—
(1) “financial agency” means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold.
(2) “financial institution” means—
(A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
(B) a commercial bank or trust company;
(C) a private banker;
(D) an agency or branch of a foreign bank in the United States;
(E) any credit union;
(F) a thrift institution;
(G) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.);
(H) a broker or dealer in securities or commodities;
(I) an investment banker or investment company;
(J) a currency exchange;
(K) an issuer, redeemer, or cashier of travelers’ checks, checks, money orders, or similar instruments;
(L) an operator of a credit card system;
(M) an insurance company;
(N) a dealer in precious metals, stones, or jewels;
(O) a pawnbroker;
(P) a loan or finance company;
(Q) a travel agency;
(R) a licensed sender of money or any other person who engages as a business in the transmission of funds, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;
(S) a telegraph company;
(T) a business engaged in vehicle sales, including automobile, airplane, and boat sales;
(U) persons involved in real estate closings and settlements;
(V) the United States Postal Service;
(W) an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph;
(X) a casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which—
(i) is licensed as a casino, gambling casino, or gaming establishment under the laws of any State or any political subdivision of any State; or
(ii) is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class I gaming (as defined in section 4(6) of such Act);

(Y) any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or
(Z) any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.
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#1985637 - 12/30/14 07:17 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
New Manager Offline
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Would an ATM owner be considered an NBFI? I don't believe it would be, but I'm not sure. I know it's not an MSB.

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#1985954 - 01/02/15 12:48 AM Re: Nonbank Financial Institution Definition New Manager
Pat Patriot Act Offline
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Originally Posted By: New Manager
Would an ATM owner be considered an NBFI? I don't believe it would be, but I'm not sure. I know it's not an MSB.


The typical "ATM Owner" most bank AMLers are concerned about (ISOs, servicers, convenience stores, etc.) are not considered financial institutions. FinCEN addressed that specific question with guidance in FIN-2007-G006.

There are circumstances where an ATM owner could fall under the MSB definition of a currency exchange or money transmitter (e.g. Bitcoin ATMs), but your run-of-the-mill owner/operator would not fall into those categories.
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#1985957 - 01/02/15 01:14 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
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Thank you! I was looking for guidance, but apparently I didn't go back far enough.

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#2132240 - 05/26/17 08:42 PM Re: Nonbank Financial Institution Definition SeekingKnowledge
Carol Hopper Offline
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Carol Hopper
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Posts: 96
Central Missouri
Does anyone have a risk assessment for a NBFI?
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